Mitchell v. Chastain Finance Co.

Marshall, Judge.

Appellant Mitchell brings this appeal from a grant of summary judgment to appellee Chastain Finance Company.

The facts show that Chastain Finance entered into a loan agreement with Mitchell in March, 1960, which amounted to a refinancing of a previous loan arrangement between these same parties. The parties are in agreement that the debt was never paid. Chastain Finance obtained a default judgment in the Civil Court of DeKalb County against Mitchell in 1966 for the amount of the loan plus interest and costs. A fieri facias was issued on this judgment in June, 1966. There is…